1.2.1   General

For the purposes of these regulations, Portugal shall be deemed to include Mainland Portugal, Madeira and the Azores.

All flights into, from or over the territory of Portugal and landings in such territory shall be carried out in accordance with the regulations mentioned below, which shall apply only on a reciprocal basis.

The filling of a flight plan concerning the airport where landing or departure is to take place shall be an indispensable requirement.

1.2.3   Non-Scheduled Flights

1. General

International non-scheduled flights into or across Portugal, other than intra-European Union flights operated by EU carriers, shall comply with Decree Law No 274/77, of 4 July, as amended by Decree Law No 156/79, of 29 May, Decree Law No 213/88, of 17 June and Decree Law No 208/2004, of 19 August (Published in AIC), and with Ordinance No 129/79 of March 22 and Ordinance No 161/80, of 7 April.

2. Overflight and Non-Traffic Stop

Subject to constraints imposed by traffic congestion, overflights or landings for non-traffic stop of non-scheduled flights by operators of ICAO States Party to the Convention on International Civil Aviation (Convention 1944), is subject to prior notification only. The flight plan for the above operations shall be regarded as sufficient prior notification.Prior permission is required for overflight and non-traffic stops by operators of States not Party to the Convention.Applications for overflight and non-traffic stop shall be presented to ANAC by using the applicable form available at ANAC website.

3. Traffic Stop

The operator may be required to submit such additional information as is deemed necessary for consideration of the request.

3.1 Registration

Except in the case of emergency flights, foreign operators wishing to perform non-scheduled flights into and out of Portugal must be registered with ANAC as being authorized to operate such flights. For that purpose:

• they may be requested to file a certificate of competence issued by their aeronautical authorities as evidence that their operations are carried out in accordance with the laws and regulations in force in their State;
• operators of any State member of the European Civil Aviation Commission (ECAC) should have their names included in a list to be provided by their own Administration to the ECAC Secretariat;
• carriers designated to operate scheduled services under a bilateral or multilateral air services agreement to which Portugal is a Party and effectively operating such services shall be considered registered.

3.2 Categorization

As regards their frequency, non-scheduled flights fall into one of the following categories:

1. Single flights - when performed in a number not exceeding one per month and per operator, regardless of the category, between the same country and each of the parts of the Portuguese territory (mainland, Azores and Madeira). The transportation of the same group of Passengers or of the same freight in both directions shall be considered as one flight, provided that there is no change of carrier;
2. Short series - when the flights, regardless of their category, are performed in a number not exceeding four per period of two successive calendar months and per carrier or group of carriers, between the same country and each of the parts of the Portuguese territory (mainland, Azores and Madeira);
3. Long series - when the flights are performed in a number exceeding the maximum established for the short series and in accordance with the remaining elements of the short series definition.

As regards their purpose, non-scheduled flights fall into one of the following categories:

1. Emergency flights - when performed for the purpose of meeting humanitarian and emergency needs;
2. Taxi flights - when of occasional character, performed on request to a destination chosen by the hirer, or hirers, provided the aircraft does not have a seating capacity of more than 10 passengers and no part of the capacity is resold to the public;
3. Own use flights - when performed either for a person (individual, firm, corporation or institution) who charters the entire capacity of the aircraft or for the operator himself for the carriage of:
4. 1. his or its staff or goods, or
   2. persons associated with the charterer, provided the flights are of occasional character; no part of capacity is resold; the charter price is not shared by the passengers; no commercial arrangements are made for the total or partial, direct or indirect payment of the flight cost by persons other than the charterer or the owner of the aircraft; except that, as regards cargo flights, the charterer may recover the whole or part of the transportation cost from the person or persons to whom the goods are truly destined as an integral part of the price of the goods;
5. Tour flights - when performed for one or more persons (individual(s) firm(s), corporation(s) or institution(s), acting as organizers, who charter the entire capacity of the aircraft for tours
6. • either open to general public, or
   • reserved to individuals linked by association affinities organized in both cases, in accordance with special requirements and intended for individually ticketed or ground travel, either for pleasure or for participation in cultural,religious,professional sport or other events,
7. Migrant worker flights - as defined in paragraph 3.3 below.

3.3 Special Operating Conditions

Inclusive Tour Charter Flights

An inclusive tour charter flight (ITC) consists of a flight meeting all the following condition:

1. The ITC shall consist of a round or a circle trip performed in whole or in part by air, and offered to the public at a comprehensive price, including:
2. 1. transport;
   2. accommodation in a hotel or similar establishment (excluding camping), duly licensed by the competent authorities; and
   3. where appropriate, other amenities;
3. it shall be organized by a tour organizer or organizers, in accordance with a charter contract with the carrier;
4. the passengers shall be transported both ways by the same carrier, except if exceptional circumstances apply.

For trips between Portugal, on the one side, and Canada and the USA, on the other, the duration of stay at destination(s) shall not be less than six (6) nights.

Several groups may be carried in the same flight, provided that each group consists of not less than twenty (20) participants.

A flight may not be used to carry, in the same direction, ITC groups going out on a journey together with ITC groups returning from a journey.

The commingling on the same flight of ITC groups with groups of another nature is not allowed; except that, in the case of flights between Portugal, on the one side, and Canada and the USA, on the other, commingling of ITC groups with ABC and/or Affinity groups is allowed, provided that a final list of the passengers in each group is sent to ANAC not later than five (5) days before the flight.

The publicity for ITC flights shall identify them as such and indicate itinerary and duration of the trip, carrier’s name, comprehensive price per passenger and services offered at such price.

The carrier, or its representative, shall:

1. submit to ANAC, not later than five (5) days before the flight, an application containing the particulars listed in the form (appendix 1) referred to in article 5 (4) of Decree Law No 274/77, of 4 July, including information relating to the wholesale charter price and the retail selling price, as well as to the type and location of accommodation;
2. deposit with ANAC, not later than two (2) days before the flight - or at the airport two (2) hours before the flight - a list of all passengers in each group, in alphabetical order by surname, followed by the name and location of their hotel(s) and, if requested, by the date of their return flight;
3. submit a copy of the charter contract and an advertising brochure containing the program of the trip;
4. ensure that each participant on the flight holds a valid ticket and an identification document, and that he will present them to the aeronautical authorities upon request.

Advance Booking Charter Flights

An advance booking charter flight (ABC) consists of a flight meeting all the following conditions:

1. the ABC shall be reserved for trips between Portugal, on one side, and Canada and the USA, on the other, of passengers in possession of a valid ticket showing the name of the passengers and a firm booking for both outward and inward portions of the trip, it being understood that such booking is not transferable except in the conditions laid out below;
2. it shall be organized by a tour organizer or organizers, in accordance with a charter contract with the carrier;
3. the passengers shall be transported both ways within the same group and by the same carrier, except if exceptional circumstances apply.

The duration of the stay at destination(s) shall not be less than six (6) nights.

Several groups may be carried in the same flight, provided each group consists of not less than twenty (20) participants.

The commingling of advance booking traffic with other charter categories is limited to the carriage on the same flight of ABC groups with ITC and/or affinity groups.

The publicity for ABC flights shall identify them as such and indicate itinerary and duration of the trip, carrier’s name, price per passenger and any other information enabling the user to appraise correctly the services offered.

The carrier, or its representative, shall:

1. submit to ANAC - together with or before the submission of the list mentioned in b) - an application containing the particulars listed in the form (appendix 1) referred to in Article 5 (4) of Decree Law No 274/77 of 4 July, including information relating to the wholesale charter price and the retail selling price;
2. post to ANAC not later than thirty (30) or twenty one (21) days before the flights - for journeys to/from Canada or the USA, respectively - a list of all the passengers in each group (main list), in alphabetical order by surname, followed by the number of passport or other identification document; the main list may be accompanied by a waiting list - containing the same type of information - in which the number of booking (persons) does not exceed 100 per cent of the number of seats contracted for;
3. deposit with ANAC not later than five (5) days before the flight a list of all passengers in each group - containing the same type of information as the main list - showing transfers made from the waiting list to the main list and/or substitutions from the general public, if any, the number of which must not exceed, respectively, 15 and 10 per cent of the seats contracted for each group;
4. submit a copy of the charter contract;
5. ensure that each participant on the flight holds a valid ticket and of the identification document referred to in the final list, and that he will present them to the aeronautical authorities upon requested.

Special Event Charter Flights

A special event charter flight (SEC) consists of a flight meeting all the following conditions:

1. The entire capacity of the aircraft shall be reserved for the carriage, in a round trip basis, of passengers attending or participating in the same special event of a religious, cultural, sporting, professional or other nature, in cases where the date and place of the event were not known and could not have been known in sufficient time for the participants to have qualified for the chartering of an aircraft under advance booking charter conditions or for which the minimum stay requirements of advance booking charter services are inappropriate;
2. the passengers shall be transported both ways together by the same carrier, save in exceptional circumstances;
3. the flight shall be operated only to airports clearly serving the place(s) where the event takes place.

The duration of stay at destination(s) is limited to not more than the duration of the event, or that part of it which the participants wish to attend, plus a 36 hour period beforehand and a 36 hour period after it.

The publicity for SEC flights shall clearly identify their purpose relating them to a specific event, and indicate itinerary and duration of trip, carrier’s name, price per passenger and any other information enabling the user to appraise correctly the services offered.

The carrier, or its representative, shall:

1. submit to ANAC, in principle not later than five (5) days before the flight, an application containing the particulars listed in the form (appendix 1) referred to in article 5 (4) of Decree Law No 274/77, of 4 July, including information relating to the wholesale charter price and the retail selling price;
2. deposit with the ANAC, not later than two (2) days before the flight or at the airport two (2) hours before the flight - a list of all the passengers in the flight, in alphabetical order by surname, followed by the number of passport or other identification document;
3. submit a copy of the charter contract and the programme or confirmed notice of the special event in question with indication of its date;
4. ensure that each participant on the flight holds a valid ticket, the identification document referred to in the passenger list and a ticket or any other document proving his attendance to the special event, and that he will present them to the aeronautical authorities upon request.

Affinity Charter Flights

An affinity charter flight consists of a flight meeting all the following conditions:

1. the flight shall be reserved for transportation of:
2. 1. passengers who have been for at least six (6) months before the start of the journey, full members of an association whose main purpose is not to travel, and that is characterized by the affinity between its members, based in common interests which distinguish and set them apart from the general public;
   2. spouses and dependent children of the passengers referred to in i) above;
3. the association referred to in i) above shall have a permanent character and be in existence for at least two (2) years and shall not exceed 50.000 members;
4. the passengers shall be transported both ways within the same group and by the same carrier, except if exceptional circumstances apply;
5. it shall be advertised only to members of the association and by members or officials of the association, excluding any use of newspapers, radio, television or other means of communication destined to the general public.

Several groups may be carried in the same flight provided that each group consists of not less than twenty (20) participants.

A flight may not be used to carry, in the same direction, affinity groups going out on a journey together with affinity groups returning from a journey.

The commingling on the same flight of affinity groups with groups of other nature is not allowed; except in flights between Portugal, on one side, and Canada and the USA, on the other, where the commingling of affinity groups with ABC or ITC groups is allowed.

The carrier, or its representative, shall:

1. submit to ANAC, in principle not later than five (5) days before the flight, an application containing the particulars listed in the applicable form available at ANAC website, as referred to in article 5 (4) of Decree Law No 274/77, of 4 July, including information relating to the wholesale charter price, accompanied by a declaration from the association in accordance with the attached form (appendix 1);
2. post to ANAC not later than thirty (30) or twenty one (21) days before the flight - for journeys to/from Canada or the USA, respectively - a list of all the passengers in each group (main list), in the terms specified above for the ABC-flights, the criteria for substitution specified for these flights being also applicable;
3. deposit with the ANAC not later than two (2) days before the flight or at the airport two (2) hours before the flight - a list of all the passengers in each group, in alphabetical order by surname, followed by the number of passport or other identification document;
4. submit a copy of the charter contract and, upon request, the articles of the association concerned;
5. ensure that each participant on the flight holds a valid ticket, the identification document referred to in the passenger list and a membership card or any other document proving his membership, and that he will present them to the aeronautical authorities.

Student Charter Flights

A student charter flight consists of a flight meeting all the following conditions:

1. the flight shall be sponsored by recognized institution(s) or student’s association(s);
2. the entire capacity of the aircraft shall be chartered for the carriage of either one of the following categories of passengers:
3. • students up to the age of 30 years, undergoing a full time course at a university or another establishment of higher education;
   • students up to the age of 22 years, undergoing a full time course at an educational establishment;
   • members of the teaching staff or other persons as leaders of a group of students or scholars, provided that the number of such leaders is not larger than the necessary to accompany and guide each group;
   • spouses and dependent children of students or scholars accompanying them;
   • past students and scholars up to 31 December of the year in which they completed their course.
4. it shall be advertised only to eligible persons, excluding any use of newspapers, radio, television or other means of communication destined to the general public.

The carrier, or its representative, shall:

1. submit to ANAC in principle not later than five (5) days before the flight, an application containing the particulars listed in the applicable form available at ANAC website, as referred to in article 5 of “Decree Law” No 274/77, including information relating to the wholesale charter price, accompanied by a declaration from the association(s) or institution(s) in accordance with the attached form (appendix 2);
2. deposit with the ANAC not later than two (2) days before the flight or at the airport two (2) hours before the flight - a list of all the passengers in the flight, in alphabetical order by surname, followed by the number of passport or other identification document;
3. submit a copy of the charter contract and, upon request, the articles of the sponsoring institution(s);
4. ensure that each participant on the flight holds a valid, ticket, the identification document referred to in the passenger list and his student card, and that he will present them to the aeronautical authorities upon request.

Migrant Worker Charter Flights

A migrant worker charter flight consists of a flight meeting all the following conditions:

1. the entire capacity of the aircraft shall be chartered by one or more tour organizers for the carriage of:
2. • Portuguese workers living abroad; or
   • spouses and/or dependent children of Portuguese workers living abroad;
   • Portuguese workers with temporary contract and residence abroad;
3. the flight shall be on a round trip basis, except that a one-way flight shall be permitted exclusively in the case of migrant workers as well as their family members when returning to Portugal for the purpose of setting residence there; or family members of migrant workers when travelling from Portugal toset residence abroad with them.
4. The publicity for such flights shall clearly state that they are open only to migrant workers and their families and indicate itinerary and duration of the trip, carrier’s name, price per passenger and any other information enabling the user to appraise correctly the services offered.

The carrier, or its representative, shall:

1. submit to ANAC, in principle not later than five (5) days before the flight, an application containing the particulars listed in the applicable form available at ANAC website, as referred to in article 5 No 4 of “Decree Law” No 274/77, including information relating to the wholesale charter price and the retail selling price;
2. deposit with the ANAC not later than two (2) days before the flight - or at the airport two (2) hours before the flight - a list of all the passengers in the flight, in alphabetical order by surname, followed by the number of passport or other identification document;
3. submit a copy of the charter contract;
4. ensure that each participant on the flightholds of a valid ticket, the identification document referred to in the passenger list and his residence, working or social security card, employer’s certificate (issued no longer than sixty (60) days at the beginning of the flight) or other document proving his quality of migrant worker or family member of migrant worker, and that he will present them to the aeronautical authorities upon request.

3.4 Authorization

Authorization is required for all traffic stops, except in the case of:

1. emergency flights;
2. intra-european (with the meaning assigned to it in the so-called 1956 Multilateral Agreement) taxi flights;
3. own use flights performed for the operator himself;
4. intra-european own use flights performed by aircraft registered in States parties to the 1956 Multilateral Agreement (see list below);
5. intra-european single passenger flights of any category performed by aircraft registered in States parties to the 1956 Multilateral Agreement, where, subject to operational restrictions, previous notification will suffice.

List of states party to the multilateral agreement on commercial rights on Non-Scheduled services in Europe:

Applications and notifications shall contain the particulars listed in the applicable forms available at ANAC website, as well as appendixes 1 and 2 to this part, and may be submitted by letter or e-mail ([email protected]) to:

1. the ANAC in the case of applications, as well as notifications relating to long series of flights;
2. the airport concerned, in the case of notifications relating to single flights and short series.

Applications for long series of flights of any category shall be submitted reasonably before the season in which their operation will take place and, in any case, not later than thirty (30) days before the beginning of the series. In the case of series consisting of 12 or more flights in a given season, applications shall, in principle and for operational reasons, be presented until 15 January for series taking place in the following Summer (1 April to 31 October), and until 1 September for series taking place in the following Winter (1 November to 31 March). For single flights and short series, applications shall be submitted as established for each particular category of flights, and not later than five (5) working days before the intended date of operation.

NON-OBJECTION REQUIREMENT

In conformity with article 9 (1) of the Decree-Law No 274/77, of 4 July, requests for the operation of non-scheduled air services shall be appreciated having regard to “… justification in the light of the market demand; and compatibility of the conditions offered with the sound and orderly development of the air transport industry”. Therefore, foreign carriers (non-European Union carriers) wishing to operate non-scheduled air services, exercising 5th or 7th freedom traffic rights, shall include in its application, to be submitted to ANAC, written confirmation of non-objection by the national carriers regarding the requested operation. The air carrier, or its representative, shall submit to ANAC:• not later than five (5) days before intended date of operation, application for non-scheduled air services at class IV aerodromes (international airports – LPPT, LPPR, LPFR, LPMA, LPPS, LPPD, LPHR and LPAZ), by using the applicable form, available at ANAC website, and• not later than one (1) working day before the date of operation, application for non-scheduled air services at class II and III aerodromes, by using the form mentioned in paragraph “1.2.1 General / 3. Constraints applicable to international flights”.

1.2.4   Private Flights

Intra-UE (EU, EEA and Switzerland) flights, excluding non-Schengen flights (to/from, Ireland, Bulgaria, Romania and Cyprus), inbound or outbound of aerodromes and ultralight runways, are not subject to authorisation. Commercial air transport operations are not allowed at the following aerodromes: LPBR (Braga), LPIN (Espinho), LPFC (Figueira dos Cavaleiros), LPJF (Leiria), LPMI (Mirandela), LPMU (Mogadouro), LPFA (Monte da Aviôa/Ferreira do Alentejo), LPPN (Proença-a-nova), LPSC (Santa Cruz), LPSR (Santarém), LPMN (Amendoeira/Montemor-o-novo), LPLZ (Lousã), LPAF (Alfragide) and LPHB (Herdade da Brava).

Intra-UE non-Schengen flights (to/from Ireland, Bulgaria, Romania and Cyprus), inbound or outbound of LPCS (Cascais), LPFL (Flores), LPPI (Pico), LPGR (Graciosa), LPSJ (S. Jorge), LPCR (Corvo), LPBG (Bragança), LPVR (Vila Real), LPCH (Chaves), LPCO (Coimbra), LPEV (Évora), LPVZ (Viseu), LPSO (Ponte De Sor), LPPM (Portimão), LPVL (Vilar da Luz), LPCB (Castelo Branco), LPJB (Algés), LPDA (Massarelos), LPLO (Loulé), LPMB (Morgado de Apra-loulé), LPMZ (Porto Moniz), LPSA (Salemas), LPMC (Macedo de Cavaleiros), LPFE (Fafe) and passenger ship “Amavida” are subject to authorisation from the Border and Immigration ServicePolícia de Segurança Pública (SEFPSP).

Extra-UE (other than EU, EEA and Switzerland) flights inbound or outbound of LPCS (Cascais), LPFL (Flores), LPPI (Pico), LPGR (Graciosa) and LPSJ (S. Jorge) are subject to authorisation from the Portuguese Civil Aviation Authority (ANAC), the Border and Immigration ServicePolícia de Segurança Pública (SEFPSP), Customs Authority (AT) and the director of the aerodrome.

When planning on operating extra-UE(other than EU, EEA and Switzerland) flights inbound or outbound of LPCS (Cascais), LPFL (Flores), LPPI (Pico), LPGR (Graciosa) and LPSJ (S. Jorge), the operator or its representative shall submit the application to the director of the aerodrome and to ANAC ([email protected]) not later than 24 hours (one working-day) before the intended flight, by using the applicable form available at ANAC website.

The operator may be required to submit such additional information as is deemed necessary for consideration of the request.

ANAC will submit the application for SEF’sPSP and/or AT’s authorisation, as the case may be, and, when in compliance with the applicable procedure, issue one final authorisation, enabling the operation.

1.2.5   Public Health Measures Applied to Aircraft

NIL